A Dictionary of Law

In French law. ‘The abandonment of a child, unable to take care of itself, either in a public or private place.

After the faci; by an act or fact occurring after some previous act or fact, and relating thereto; by subsequent matter; the opposite of ah inttio. Thus, a deed muy be good ab init

In criminallaw. Such an intentional exposure, in a public place, of the naked body or the private parts as is calculated to shock the feelings of chastity or to corrupt the morals

Of malice aforethought. Reg. Orig. 102.

Mads known distinctly and explicitly, and not left to inference or implication. Declared in terms; set forth in words. Manifested by direct and appropriate language, as distinguish

An undertaking to do some act, or to pay a sum of money fo another, manifested by express terms.

An evasive form of special pleading 1n a@ case where the defendant ought to plead the general issue. Abolished by the common-law procedure act, 1852, (15 & 16 Vict. c. 76, § 64.) p

A consideration which is distinctly and spe cifically named in the written contract or in the oral agreement of the parties.

A _ contract the terms of which are openly uttered or declared uf thetime of makingit. 2 Bl, Comm 443; 2 Steph. Comm, 110. A contract made in distinct and explicit language, or by

Actual malice; malicein fact; a deliberate intention tocommitan injury, evidenced by external circumstances.

A trust created or declared in express terms, and usually in writing, as distinguished from one inferred by the law from the conduct or dealings of the parties. Express trusts are

One expressed by particular words. 2 Bl. Comm. 300. In the law of insurance. An agree ment expressed in a policy, whereby the assured stipulates that certain facts relating te the

In the civil law. A person who assumes the debt of another, and becomes solely liable for it, by a stipulation with the creditor. He differs from a surety, inasmuch as this contrac

In the civil law. To undertake for another, with the view of becoming liable in his place. Calvin.

‘This word properly denotes a voluntary surrender of rights orclaims; the act of divesting oneself of that which was previously claimed as one’s own, or renouncing it. In this sens

Of his own accord,

By the provision of man. By the limitation of the party, as distinguished from the disposition of thelaw, 11 Coke, 808.

From the provision of the husband.

A putting or driving ont. The act of depriving a niember of a corporation, legislative body, assembly, society, commercial organization, etc., of his membership in the same, by a l

To blot out; to efface designedly; to obliterate; to strike out wholly. Webster.

The act of purging or cleansing, a8 where a book is published without its obscene passages.

One who corrects by expurging.

From quasi contract. Fleta, lib. 2, c. 60.

In Roman law. One who had filled the office of guastor. A title given to Tribonian. Inst. proewm, § 3. Used only in the ablative case, (eaquestore.)

Upon relation or information. Legal proceedings which are instituted by the attorney general (or other proper person) in the name and behalf of the state, but on the information an

(From ex, from, and 7ogare, to pass a law.) In Roman law. To take something from an old law by a new law. Tayl. Civil Law, 155.

From writings formeriy seen. A term used us deseriptive of that kind of proof of handwriting where the knowledge bas been acquired by the witness having seen letters or other doeum

According to the statute. Fleta, lib. 5, ¢. 11, § 1.

In thecivil law. Anaction of stipulation. An action given to recover marriage portions. Inst. 4, 6, 29,

The privilege _ of those persons (such as foreign ministers) who, though temporarily resident within a state, are not subject to the operation of its laws.

From or in consequence of time; by lapse of time. Bract. fols. 51, 52. Ha diuturno tempore, trom length of time. Id. fol. 516. Without preparation or premeditation.

Im English practices. To value the lands or tenements of a person bound bya statute or recognizance which has become forfeited, to their full extended value. 3 Bl. Comm. 420; Fitzh

Lat. You cause to be extended. In English practice. The name of a writ of execution, (derived from its two emphatic words;) more commonly called » an “extent.” 2 Tidd, Pr. 1043; 4

An extension of the life of a patent for an additional period of seven years, formerly allowed by law in the United States, upon procf being made that the inventor had not succeede

In old English law. Extenders or appraisers, The name of certain officers appointed to appraise and divide or apportion lands, It was their duty to make a survey, schedule, or inve

In English practice. A writ of execution issuing from the exchequer upon a debt due the crown, or upon a debt due a private person, if upon recognizance or statute merchant or stap

(The extent or survey of a manor.) ‘The title of a statute passed 4 Edw. I. st. 1; being a sort of direction for making a survey or terrier of a manor, and all its appendages. 2 Re

In English practice. That kind of extent which issues at the instance and for the benetit of a debtor to the erown, for the recovery of adebt due to hiinself. 2 Tidd, Pr. 1045; 4 S

In English practice. The principal kind of extent, issuing at the suit of the crown, for the recovery ot the erown’s debt, 4 Steph. Comm. 47. An adverse proceeding by the king, for

To lessen; to palliate; to mitigate.

otherwise be, or tend to palliate or lessen its guilt. Such circumstances may ordinarily he shown in order to reduce the punishment or damages.

Lat. A foreigner or alien; one born abroad. The opposite of cévis, Exterus non habet terras. An alien holds no lands. Tray. Lat. Max, 203.

From, by, or under a will. The opposite of ab intestato, (q. v.) Ex tota materia emergat resolutio. The explanation should arise out of the whole subject-matter; the exposition of

The destruc. tion or cancellation of a right, power, contract, or estate. The annihilation of a evllateral thing or subject in the subject itself out of which it is derived. Prest.

Loss of the right to bave common. This may happen from various causes. EXTINGUISHMENT OF COPY-

This takes place by payment; by accord and satisfaction; by novation, or the substitaity of a higher nature than the original jon; by a release; by the marriage of ne sole creditor

If A person have a yearly rent of lands, and Afterwards purchase those lands, so that he hes as good an estate in the Jand asin the rent, the rent is extingwisked. Termes de la Ley

This is usually effected by unity of possession. As if aman have a way over the close of another, and he purchase that close, the way is extinguished. 1 Crabb, Real Prop. p. 841, §

In English law. A species of destruction or waste, analogous to estrepement, See Esr ReEPEMENT.

A judicial writ, either before or after judgment, that lay againsi a person who, when a verdict was found against him for land, ete., maliciously overthrew any house or extirpated

In old records. To grub woodland, and reduce it to arable or meaduw; “tostock up.” Cowell.

A_ technical word used in indict:nents for extortion. It is a sufficient ayerment of a corrupt intent, in an indictment for extortion, to allege that the defendant “oxtorsively” to

The natural meaning of the word “extort” is to obtain money or other valuable thing either by compulsion, by actual force, or by the force of motives applied to the will, and often

Any oppression by color or pretense of right, and particularly the exaction by an officer of money, by color of his office, either when none at all is due, or not so much is due, o

A Latin preposition, occurring in many legal phrases; it means beyond, except, without, ont of, outside.

In English practice. Those charges which do not appear upon the face of the proceedings, such as witnesses’ expenses, fees to counsel, attendances, court fees, ete., an affidavit o

The writs of mandamus, quo warrantoa, habeas carpus, and some others are sometimes called “extraordinary remedies,” in contradistinction to the ordinary remedy by action. EXTRAORDI

A portion or fragment of a writing. In Scotch law, the certilied copy, by a clerk of a court, of the proceedings in an action carried on before the court, and of the judgment prono

The surrender of a criminal by a foreign state to which he has fled for refuge from prosecution to the state within whose jurisdiction the crime was committed, upon the demand of t

In Louisiana this term is used to designate that property which forms no part of the dowry of a woman, and which is also ealled “paraphernal property.” Civil Code La. art, 2315.

Out of his fee; out of the seigniory, or not hoklen of him that claims it. Co. Litt. 1b; Reg. Orig. 978.

Inold Englishlaw. An animal wandering orstraying about, without an owner; an estray. Spelman.

Extrajudicial; out of the proper cause; outof court; beyond Ml

Beyond the law; more than the iw requires. In jure, vel extra jus. Bract. fol. 169%.

Out of the law; out of the protection of the law. Extra lezem positus est civiliter mortuus, Co. Litt. 130. He who is placed out of the law is civilly dead.

In Hindu law. A farmer or renter of land in the districts of Hindostan.

Outofa parish; not within the bounds or limits of any parish. 1 Gl. Comm. 113, 284.

Qut of her husband’s presence.

Beyond the four seas; out of the kingdom of England. 1 Bl. Comm. 457.

Out of the realm. 7 Coke, 16a; 2 Kent, Comm. 42, note.

when used with reference to officers, means services incident to the office in question, but for which compensation has not been provided by law. 21 Tnil. 32.

The extra-territoria] operation of laws; thatis, their operation upon persons, rights, or jural relations, existing beyond the limits of the enacting sliute, but still amenable to

Beyond or without the territory. 6 Bin. 353; 2 Kent, Comm. 407, Extra territorium jus dicenti impune non parefur. One who exercises jurisdiction out of his territery is not obeyed

In canon law. Those decretal epistles which were published after the Clementines. They were so called because at first they were not digested or arranged with the other papal const

Ontside the way. Where the defendant in trespass pleaded a right of way in justification, and the replieation alleged that the trespass was coinmitted outside the limits of the way

Beyond powers. Sea

To constitute extreme hazard, the situation of a vessel must be such that there is imminent danger of her being lost, notwithstanding all the Means that can be applied to get her o

When a person is sick heyoudthe hope of recovery, and near death, he is said to be in extremis. Extremis probatis, presumuntur media. Extremes being proved, intermediate things are

Foreign; from outside EX TUM as. In old records. Relics. Cowell.

To throw off or renounce one’s country or native allegiance; to expatriate one’s self. Phillim. Dom. 18.

To overcome; toapprehend or take. Leg. Edm. c¢. 2. EY. A watery place; water. Co, Litt. 6.

In old English law. To exileor banish. MNullus diber homo, exuletur, nisi, etc., no freeman shall be exiled, unless, etc. Magna Charta, c, 29; 2 Inst. 47.

Of one part or side; on one side,

On both sides. Dyer, 1266. EX UTRISQUE PARENTIBUS CON-

From the bowels. From the vital part, the very essence of the thing. 10 Coke, 24b; 2 Metc. (Muass.) 213, Ex visceribus verborum, from the mere words and nothing else. 10 Johns. 494

By the dispensation of God; by reason of physical incapacity. Anciently, when a prisoner, being arraigned, stood silent instead of pleading, a jury was impaneled to inquire whether

From or by the force of the term. From the very meaning of the expression used, 2 Bl. Comm. 109, 115.

An abbreviation for et atii, “and others,”

Aid; assistance; relief. A subsidy.

One whe saw the act, fact, or transaction to which he testifies. Distinguished from an ear-witness, (auritus.)

A small island arising ina river. Fieta, 1. 3, ¢. 2, § b; Bract. 1. 2, ¢. 2.

Justices in eyre were judges commissioned in Anglo-Norman times in England to travel systematically through the kingdom, once in seven years, holding courts in specifled places for

Fr. To travel or journey; to go about or itinerate. Britt. c. 2.

In Hindu law. <A farmer or renter of land in the districts of Hindooi. F. In old English criminal law, this letter was branded upon felons upon their being admitted to clergy; as a

In old English law. The making or coining of money.

Lat. To make. Used in old English law of a lawful coining, and also of an unlawful making or counterfeiting of coin. See 1 Salk. 342.

To fabricate evidence is to arrange or manufacture circumstances or Eee indicia, after the fact committed, with the purpose of using them as evidence, and of deceitfully making the

Evidence manufactured or arranged after the fact, and either wholly false or else warped and discolored by artifice and contrivance with a deceitful intent. See FABRICATE.

In the law of eg evidence. <A fact existing only in stalement, without any foundation in truth. Anactual or genuine fact to which a false appearance bas been desicnedly given; a ph

In English law, Lands given towards the maintenance, reouilding, or repiiring of cathedral and other churches. Cowell; Blount.